Background
Angus Gunn is a partner at our Vancouver office. Mr. Gunn was admitted to the British Columbia Bar in 1995, after a judicial clerkship with the Court of Appeal for British Columbia. He was also admitted as a Solicitor, Supreme Court of England and Wales, in 1998. Mr. Gunn pursued professional training at both the University of Cambridge (Master of Law, 1998) and the University of Toronto (Bachelor of Laws, 1993). He previously obtained a Bachelor of Arts in History from the University of British Columbia in 1990. Mr. Gunn is also an adjunct professor at the Faculty of Law, University of British Columbia.
Areas of Practice
· Mr. Gunn practises in the area of public law, with an emphasis on civil appeals before the Court of Appeal for British Columbia. He has also appeared before all levels of court in British Columbia, the Federal Court of Appeal, and the Supreme Court of Canada.
· Other practice areas include general judicial review and other administrative law matters, commercial arbitration, and general commercial litigation.
· Mr. Gunn has represented clients in the following substantive areas, among others. Please select the relevant substantive topic for additional details.
· Administrative law
· Appellate practice and procedure
· Arbitration
· Commercial law
· Constitutional law
· Construction law
· Employment law
· Expropriation
· Freedom of information
· Insurance law
· Local government and municipal matters
· Media law
· Negligence, personal injury, and damages law
· Real property
· Securities litigation
· Trial practice and procedure
· Workers' compensation
Rankings and Recognitions
· Selected by peers for inclusion in The Best Lawyers in Canada 2012 (Appellate Law)
Professional and Community Activities
Professional and community activities include pro bono work, regular speaking engagements and publications, and various professional and other memberships. Additional details are available below in respect of these activities.
Professional Experience
Administrative Law
· Canadian National Railway Company and Canadian Pacific Railway Company v. Canadian Transportation Agency, leave to appeal refused, [2009] 1 S.C.R. vi: test for whether prior jurisprudence has satisfactorily determined applicable standard of review
· Wewaykum Indian Band v. Canada, [2003] 2 S.C.R. 259 : test for judicial bias in Canada
Appellate Practice and Procedure
· Coulter (Litigation Guardian) v. Ball (2010), 12 B.C.L.R. (5th) 57, 2010 BCCA 520: determination of costs entitlements arising out of appeal in which parties achieved divided success
· Kerslake v. Kim, 2009 BCCA 154: whether Court of Appeal for British Columbia has jurisdiction to order repayment of funds where new trial ordered on appeal
· Johnson v. Laing, leave to appeal ref'd, [2005] 1 S.C.R. xi : whether Court of Appeal for British Columbia applied proper test for appellate intervention with civil jury quantum verdicts and Canadian superior appellate courts have jurisdiction in successful jury quantum appeals to direct that damages be re-assessed by original trial judge sitting without a jury
· Johnson v. Laing, leave to appeal ref'd, [2005] 1 S.C.R. xi : whether Court of Appeal for British Columbia applied proper test for appellate intervention with civil jury quantum verdicts and Canadian superior appellate courts have jurisdiction in successful jury quantum appeals to direct that damages be re-assessed by original trial judge sitting without a jury
· Cao (Litigation Guardian) v. Natt (2004), 204 B.C.A.C. 35, 2004 BCCA 446 : whether respondent requires leave to appeal from costs order pronounced after main judgment from which appeal already underway
· Sovani v. Jin, 2005 BCCA 235: whether appeal lies from trial judge's evidentiary rulings where no variation sought to final trial Order
· Vaillancourt v. Molnar (Administrator), 2004 BCCA 384: whether Court of Appeal for British Columbia has jurisdiction to order repayment of funds where damages award reduced on appeal
· Chaplin v. Sun Life Assurance Company of Canada (2002), 1 B.C.L.R. (4th) 319, 2002 BCCA 292: whether appeal lies from trial judge's refusal to hear solicitor's negligence action in context of post-trial costs hearing
· Morguard Real Estate Investment Trust v. Davidson (2002), 164 B.C.A.C. 84, 2002 BCCA 66: whether leave required to appeal from refusal to set aside default judgment
· Lount v. Bahd, 2000 BCCA 384: whether appeal hearing should be delayed to permit resolution of post-trial freedom of information requests
· Vukelic v. Canada (1997), 29 B.C.L.R. (3d) 288 (C.A.): whether pre-hearing settlement offer bettered at hearing can be taken into account in assessing appeal costs
Arbitration
· Prince George (City) v. McElhanney Engineering Services Ltd. (1995), 9 B.C.L.R. (3d) 368 (C.A.), leave to appeal ref'd, [1996] 1 S.C.R. vi: whether legal proceedings should be stayed where dispute subject to arbitration agreement
· Has acted as counsel and as arbitrator in various domestic commercial arbitration proceedings under the Commercial Arbitration Act, R.S.B.C. 1996, c. 55
Commercial Law
· HSBC Bank of Canada v. Lee (2002), 97 B.C.L.R. (3d) 53, 2002 BCCA 82: whether bank guarantees inconsistent and therefore unenforceably ambiguous
Constitutional Law
· Lee v. Dawson, 2006 BCCA 159, leave to appeal ref'd, [2006] 2 S.C.R. ix (S.C.C.) : whether Canadian common law upper limit on damages for non-pecuniary loss inconsistent with Charter values
Construction Law
· School District No. 48 (Howe Sound) v. Killick Metz Bowen Rose Architects and Planners Inc., 2008 BCCA 195: whether limitation period established by article 3.9.6 of the Canadian Standard Form of Agreement Between Client and Architect (1987 Edition) excluded discoverability postponement provisions in section 6 of Limitation Act
Employment Law
· Kalaman v. Singer Valve Co. (1997), 38 B.C.L.R. (3d) 331 (C.A.): appeal and cross appeal from judge-alone finding that notices of termination of employment were equivocal, from award of damages for mental distress, and from refusal to award aggravated or punitive damages in wrongful dismissal claim
· Elderfield v. Aetna Life Insurance Company of Canada (1996), 27 B.C.L.R. (3d) 1 (C.A.): appeal from judge-alone finding of breach of employment contract in wrongful dismissal claim
Expropriation
· Campbell River Woodworkers & Builders' Supply (1966) Ltd. v. British Columbia (Minister of Transportation & Highways) (2003), 14 B.C.L.R. (4th) 261, 2003 BCCA 121 (19 February 2003) and (2004), 22 B.C.L.R. (4th) 210, 2004 BCCA 27: appeal from compensation and costs orders by British Columbia Expropriation Board in expropriation proceeding
Freedom of Information
· Applicant v. Law Society of British Columbia (15 March 2011), Order No. F11-01 (B.C. Information and Privacy Commissioner): whether Commissioner should exercise discretion not to hold inquiry in respect of public body's application of legal advice exception from disclosure
· Harrison v. British Columbia (Information and Privacy Commissioner), (2009), 307 D.L.R. (4th) 193, 2009 BCCA 203: standard of review on judicial review and remedial jurisdiction of reviewing court
· Pacific Western Brewing Company v. Ministry of Small Business, Tourism and Culture (Liquor Distribution Branch) (19 April 2000), Order No. 00-10 (B.C. Information and Privacy Commissioner): whether Liquor Distribution Branch statutorily obliged to deny brewer access to aggregate sales data of two competing brewers
Insurance Law
· Sander v. Sun Life Assurance Company of Canada ( 2011), 14 B.C.L.R. (5th) 17, 2011 BCCA 3 : whether statutory or contractual limitation period governed claim by insured for income replacement benefits under group policy
· Gasior v. Bayes (2010), 8 B.C.L.R. (5th) 41, 2010 BCCA 285 : deductibility of Part 7 no fault benefits from damages award in tort
· Insurance Corporation of British Columbia v. Pozzi (2004), 41 B.C.L.R. (4th) 236, 2004 BCCA 440 : whether availability of underinsured motorist protection (UMP) benefits a relevant consideration in deciding to deviate from pro rata distribution of third party insurance proceeds among multiple claimants
· North Shore Credit Union v. Cumis General Insurance Company, (2003), 22 B.C.L.R. (4th) 219, 2003 BCCA 692: whether loss to credit union resulting from fraudulent use of credit card sales slips entailed 'direct loss' through the 'forgery' of 'securities' for purposes of master bond insurance policy
· Sander v. Sun Life Assurance Company of Canada (2003), 10 B.C.L.R. (4th) 203, 2003 BCCA 55: whether insurer estopped from relying on terms of group disability insurance policy
Local Government and Municipal Matters
· Conconi v. North Pender Island Local Trust Committee (2010), 11 B.C.L.R. (5th) 91, 2010 BCCA 494: whether zoning bylaws permitted short-term vacation rentals in residential land use zone
· Nanaimo (City) v. Rascal Trucking Ltd., [2000] 1 S.C.R. 342: standard of review applicable to municipality's interpretation of its own statutory jurisdiction
Media Law
· Named Person v. Vancouver Sun, [2007] 3 S.C.R. 253: applicability of Dagenais/Mentuck test to application by alleged police informer to have extradition hearing proceed in camera
Negligence, Personal Injury, and Damages Law
· Ciolli v. Galley, 2011 BCCA 106: appeal from jury assessment of damages in personal injury action, including largest assessment of damages for non-pecuniary loss in Canadian history
· Moore v. Brown ( 2010), 10 B.C.L.R. (5th) 1, 2010 BCCA 419: appeal from a judge-alone award of damages for loss of future income earning capacity
· Bradley v. Groves (2010), 8 B.C.L.R. (5th) 247, 2010 BCCA 361, leave to appeal ref'd ( S.C.C. ): appeal from imposition of joint and several liability on independent tortfeasors said to give rise to indivisible injury
· Laidlaw v. Couturier ( 2010), 2 B.C.L.R. (5th) 78, 2010 BCCA 59: appeal from jury assessment of damages in respect of which misdirection alleged
· Bradley v. Bath ( 2010), 1 B.C.L.R. (5th) 228, 2010 BCCA 10: appeal from judge-alone rejection of contributory negligence defence and assessment of damages for non-pecuniary and pecuniary losses
· Boota v. Dhaliwal (2009), 279 B.C.A.C. 38, 2009 BCCA 586: appeal and cross appeal from jury assessment of damages for personal injury and trial judge's approach to deductibility of non-fault Part 7 accident benefits
· Ashcroft v. Dhaliwal (2008), 83 B.C.L.R. (4th) 279, 2008 BCCA 352, leave to appeal ref'd, [2009] 1 S.C.R. v : appeal from an assessment of damages in which settlement amounts received by the plaintiff from a later tortfeasor were deducted from a damages award made against an earlier tortfeasor, where the admitted negligence of both tortfeasors was found to have caused the plaintiff an indivisible loss
· Skopnik v. B.C. Rail Ltd. (2008), 82 B.C.L.R. (4th) 313, 2008 BCCA 331, leave to appeal ref'd,[2008] 1 S.C.R. xii : appeal from a finding of liability in negligence under British Columbia occupiers liability legislation
· Joyce v. Dorvault (2008), 80 B.C.L.R. (4th) 52, 2008 BCCA 151: cross appeal from judge-alone award of $525,000 in damages for past and future loss of income earning capacity in personal injury claim
· Kerslake v. Kim, 2008 BCCA 220: appeal from jury finding of no contributory fault and from jury assessment of damages for non-pecuniary loss, loss of future income earning capacity, and future care in personal injury claim
· Hutchings v. Dow, leave to appeal ref'd, [2007] 3 S.C.R. ix: proper method of assessing damages where a loss caused by an initial tort is exacerbated by a successive, independent tort and whether provincial negligence statutes impose joint and several liability on successive, independent tortfeasors
· Lee v. Dawson (2006), 51 B.C.L.R. (4th) 221, 2006 BCCA 159, leave to appeal ref'd, [2006] 2 S.C.R. ix : appeal and cross appeal from jury assessments of damages for non-pecuniary loss (in excess of prevailing value of upper limit on damages for such loss) and loss of future income earning capacity and non-wage benefits and from trial judge's refusal to order that damages be paid periodically in personal injury claim
· MacNevin v. Vroom, 2005 BCSC 1329: post-verdict issues following $2 million jury assessment of damages for non-pecuniary loss in personal injury claim
· Coulter (Litigation Guardian) v. Ball (2005), 39 B.C.L.R. (4th) 82, 2005 BCCA 199, leave to appeal and cross-appeal ref'd, [2006] 1 S.C.R. vii : appeal from judge-alone liability finding and award of $6.2 million in damages for non-pecuniary loss, past loss of income earning capacity, loss of future income earning capacity, cost of future care, income tax gross-up, management fees, and committee fees in personal injury claim
· Courdin v. Meyers (2005), 37 B.C.L.R. (4th) 222, 2005 BCCA 91: appeal from jury assessments of damages for non-pecuniary loss (in excess of prevailing value of upper limit on damages for such loss), loss of future income earning capacity, and cost of future care in personal injury claim
· Dilello v. Montgomery (2005), 37 B.C.L.R. (4th) 729, 2005 BCCA 56: appeal and cross appeal from jury assessments of damages for non-pecuniary loss (in excess of prevailing value of upper limit on damages for such loss) and loss of future income earning capacity in personal injury claim
· Charlebois v. Vandas (2004), 29 B.C.L.R. (4th) 323, 2004 BCCA 356 (C.A.): appeal from jury assessments of damages for non-pecuniary loss and loss of future income earning capacity in personal injury claim
· Bob v. Bellerose, leave to appeal ref'd, [2004] 1 S.C.R. vi : whether aggravated damages should be available in personal injury cases and (if so) whether they are subject to Canadian common law upper limit on damages for non-pecuniary loss
· Dubach v. Nahal, 2003 BCCA 526: appeal from jury assessments of damages for non-pecuniary loss, loss of future income earning capacity, and cost of future care in personal injury claim
· Hoskin v. Han (2003), 12 B.C.L.R. (4th) 21, 2003 BCCA 220: appeal from jury assessments of damages for non-pecuniary loss (in excess of prevailing value of upper limit on damages for such loss), past loss of income earning capacity, loss of future income earning capacity, and cost of future care in personal injury claim
· Vaillancourt v. Molnar (Administrator) (2002), 8 B.C.L.R. (4th) 260, 2002 BCCA 685 (C.A.), leave to appeal ref'd, [2003] 2 S.C.R. xi : appeal from jury assessments of damages for non-pecuniary loss (in excess of prevailing value of upper limit on damages for such loss), loss of future income earning capacity, and future care
· Rowe v. Bobell Express Ltd., 2000 BCCA 587: appeal from findings of negligence and lack of contributory negligence on summary trial application
· Fontaine v. Loewen Estate (Official Administrator), [1998] 1 S.C.R. 424: proper approach to circumstantial evidence and doctrine of res ipsa loquitur
· Vukelic v. Canada (1997), 29 B.C.L.R. (3d) 288 (C.A.): appeal and cross appeal from judge-alone awards of damages for non-pecuniary loss, past loss of income earning capacity, and loss of future income earning capacity in personal injury claim
· Franklin v. Aviscar Inc. (1996), 27 B.C.L.R. (3d) 181 (C.A.): appeal from judge-alone award of damages for past loss of income earning capacity, loss of future income earning capacity, and future care in personal injury claim
Real Property
· Jiwan Dhillon & Co. Inc. v. Strata Plan LMS4385 (2010), 289 B.C.A.C. 102, 2010 BCCA 324: whether Strata Property Act permitted Order that declared owner to be ineligible for election to strata corporation's strata council
· Firstar Investment & Financial Co. v. Ridgewood Development Corp. (2003), 34 C.L.R. (3d) 282, 2003 BCCA 660: whether triable issue precluded grant of order nisi on summary proceedings in foreclosure matter
· Bradwell v. Scott (2000), 81 B.C.L.R. (3d) 210, 2000 BCCA 576: whether Partition of Property Act permitted Order for sale of real property in circumstances of this case
Securities Litigation
· Ashton Mining of Canada Inc. v. Stornoway Diamond Corporation, 2006 BCCA 406: whether leave should be granted to appeal from Securities Commission decision refusing to grant relief in connection with unsolicited take-over bid
Trial Practice and Procedure
· Majewska v. Partyka (2010), 5 B.C.L.R. (5th) 53, 2010 BCCA 236: costs payable in "fast track" Rule 66 trials that last for more than two days
· Bedwell v. McGill (2008), 86 B.C.L.R. (4th) 343, 2008 BCCA 526: whether the former offer to settle Rule 37 conflicted with the Negligence Act, offended the objective of determining proceedings justly, speedily, and inexpensively, or reflected unsound policy
· Anderson v. Routbard, 2007 BCCA 193: whether standard-form wording of Rule 37 offer clear and unambiguous and (if so) what costs should be awarded where a Rule 37 offer is bettered at a trial heard pursuant to Rule 66.
· Leslie v. Parmar, 2006 BCCA 256: whether trial judge had jurisdiction pursuant to Rule 41(7) to set aside jury verdict and continue trial without jury after conclusion of trial proceedings
· Cao (Litigation Guardian) v. Natt (2005), 42 B.C.L.R. (4th) 222, 2005 BCCA 531: whether Rules 37 or 37A of Rules of Court permit costs consequences to attach to global offers to settle multiple actions tried together
· Johnson v. Laing, 2004 BCCA 453: whether leave should be granted to make supplementary submissions regarding appropriate remedy on appeal
· Chang v. Thindh, 2004 BCCA 447: whether leave should be granted to appeal from Order refusing to attach costs consequences to global offer to settle multiple causes of action in a single proceeding
· Pinette v. Beyea, 2003 BCCA 329: whether leave should be granted to appeal from Order striking jury notice on eve of trial
· Beattie v. Canada (2001), 278 N.R. 158, 2001 FCA 309: whether plaintiffs' action barred by doctrines of cause of action estoppel, issue estoppel, and collateral attack
· Kropp v. Swaneset Bay Golf Course Ltd. (21 July 1997), Vancouver CA023437 (B.C.C.A.): whether leave should be granted to appeal from Order requiring production of forensic accounting brief over which applicant claimed solicitor's brief privilege
Workers' Compensation
· Hoschka v. Nijjar (2002), 100 B.C.L.R. (3d) 226, 2002 BCCA 256: whether, if Workers' Compensation Act bars plaintiff's tort action against defendant worker, action is also barred as against defendant co-owner worker whose employment unconnected to plaintiff's injury
Professional And Community Activities
Pro Bono Activities
· Harry Rankin, QC Pro Bono Award 2008 : selected by Canadian Bar Association (British Columbia Branch) for outstanding contributions in the area of pro bono work
· Director, Pro Bono Law of British Columbia, 2008-2010, and Access Pro Bono Society of British Columbia, 2010-date.
· Program Coordinator of Judicial Review and Federal Court of Appeal Roster Programs, Pro Bono Law of British Columbia and Access Pro Bono Society of British Columbia, 2005-date.
Speaking Engagements, Publications, And Appointments
· Adjunct Professor of Administrative Law, University of British Columbia, 1999, 2001-2005, 2007, 2011 (Adam S. Albright Award for Outstanding Teaching by an Adjunct Professor, Faculty of Law, 2005 and 2008).
· Rapporteur on " New York Convention Workshop " at IBA Annual Conference on 03-08 October 2010 in Vancouver, B.C., (March 2011) 16(1) Arbitration News: Newsletter of the International Bar Association Legal Practice Division 32-37.
· Director, ADR Institute of Canada, Inc., 2006-2009.
· Council Member, Law Alumni Association of the University of Toronto, 2006-2008.
· Co-Chair (with Frank A. V. Falzon, Q.C.) of Continuing Legal Education Society of British Columbia's Administrative Law Conference - 2011, to be held in Vancouver, B.C., on 27 October 2009.
· Co-Chair (with Frank A. V. Falzon, Q.C.) of Continuing Legal Education Society of British Columbia's Administrative Law Conference - 2010, held in Vancouver, B.C., on 22 October 2009.
· Co-Chair (with Frank A. V. Falzon, Q.C.) of Continuing Legal Education Society of British Columbia's Administrative Law Conference - 2009, held in Vancouver, B.C., on 29 October 2009.
· Co-Chair (with Frank A. V. Falzon, Q.C.) of Continuing Legal Education Society of British Columbia's Administrative Law Conference - 2008, held in Vancouver, B.C., on 28 November 2008.
· Co-Chair (with Frank A. V. Falzon) of Continuing Legal Education Society of British Columbia's Administrative Law Conference - 2007, held in Vancouver, B.C., on 29 November 2007.
· Co-Chair (with Frank A. V. Falzon) of Continuing Legal Education Society of British Columbia's Administrative Law Conference - 2006, held in Vancouver, B.C., on 23 November 2006.
· 'Bias and Lack of Independence: Procedural and Evidentiary Issues' at The Canadian Institute's Fundamentals of Administrative Law and Practice course held in Vancouver, B.C., on 15 and 16 June 2006.
· 'B.C. court develops guidelines on technology use in civil proceedings' The Lawyers Weekly (26 May 2006) 10.
· 'Personal Injury Case Law Update 2005-2006: Court of Appeal for British Columbia and Supreme Court of Canada' in Personal Injury Conference, 2006: Materials prepared for a Continuing Legal Education Seminar held in Vancouver, B.C., on June 2, 2006 ( Vancouver : Continuing Legal Education Society of British Columbia, 2006), with Patrick G. Foy, Q.C.
· 'Formal Offers to Settle: Rule 37 Case Law Update 2005-2006' at the Canadian Bar Association - British Columbia Branch Insurance Law Section Meeting on 6 April 2006.
· 'Jurisprudence Update: General Administrative Law Principles and Their Recent Application in the Immigration Context' in Immigration Issues - 2005 Update: Materials prepared for a Continuing Legal Education Seminar held in Vancouver, B.C., on December 2, 2005 ( Vancouver : Continuing Legal Education Society of British Columbia, 2005).
· 'The Trilogy Challenge: Lee v. Dawson and the Upper Limit on Damages for Non-Pecuniary Loss' (Canadian Defence Lawyers Audioconference, 26 October 2005) [unpublished].
· Co-Chair (with Robert A. Kasting) of Continuing Legal Education Society of British Columbia's Administrative Law Conference - 2005, held in Vancouver, B.C., on 6 October 2005.
· 'Case Law Update: British Columbia Appellate Decisions 2004-2005' in Personal Injury Conference, 2005: Materials prepared for a Continuing Legal Education Seminar held in Vancouver, B.C., on May 27, 2005 ( Vancouver : Continuing Legal Education Society of British Columbia, 2005).
· 'Successful Arguments Under Section 21 of the FOIPPA' (presentation to Freedom of Information and Privacy Subsection, Canadian Bar Association - BC Branch, 30 January 2002), with Maureen E. Baird.
· 'Protection of Public Body Financial and Economic Interests Under Section 17 of the FOIPPA' ( Vancouver : Continuing Legal Education Society of British Columbia, 2001).
· 'Appeal Issues in Civil Jury Trials' (Vancouver: Continuing Legal Education Society of British Columbia, 1999), with Patrick G. Foy, Q.C.
Professional Memberships
· Steering Committee Member, Young Canadian Arbitration Practitioners (YCAP) (2005-date).
· Member, ADR Institute of Canada, Inc. (ADRIC) (including roster of approved arbitrators) (1999-date).
· Fellow, Chartered Institute of Arbitrators, London, England (2006-date) (Member, 1999-2006, and Fellow, 2006-date).
· Honorary Member, Commercial Bar Association (COMBAR), London England (2004-date).
· Member, London Court of International Arbitration (LCIA) (2002-date).
· Member, Administrative Law Bar Association (ALBA), General Council of the Bar, London, England (2000-date).
· Friend of the Centre for Public Law, University of Cambridge, England.
· Member, American Arbitration Association (AAA) (2002-date).
· Canadian Bar Association (CBA)
· Canadian Defence Lawyers (CDL)
· Defence Research Institute (DRI)
· American Bar Association (ABA) (Sections: Administrative Law and Regulatory Practice, Business Law, Judicial Division, Law Practice Management, Litigation, and Tort and Insurance Practice).
· International Bar Association (IBA).
· American Society of International Law (ASIL).
· Trial Lawyers Association of British Columbia (TLABC).
· British Columbia Civil Liberties Association (BCCLA).
Other Memberships
· Lifetime Member, The Lincoln Forum (2004-date).
· Member, Abraham Lincoln Association (2009-date).